Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION LEGISLATION AMENDMENT ACT 1985 No. 95, 1985 - SECT 69

69. After section 96A of the Principal Act, the following sections are
inserted: Payments received under the New Enterprise Incentive Scheme - effect
where recipient is in receipt of a service pension and spouse of recipient is
not in receipt of a pension by reason of being the spouse of the recipient

"97. (1) This section applies to a person in respect of a period that is a
pension period in relation to the person if -

   (a)  the person is entitled to receive, during that pension period -

        (i)    a payment of a service pension; and

        (ii)   a payment under the scheme known as the New Enterprise
Incentive Scheme; and

   (b)  in a case where the person is a married person, the spouse of the
        person
is not entitled to receive, during that pension period -

        (i)    if the person is a man - a service pension under section 85 by
reason of being the wife of the man; or

        (ii)   if the person is a woman - a service pension under section
85AA.

"(2) Where this section applies to a person in respect of a period that is a
pension period in relation to the person, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in sub-paragraph (1) (a) (i) that
the person is entitled to receive during that period (in this sub-section
referred to as the 'first payment') is higher than the amount of the
payment referred to in sub-paragraph (1) (a) (ii) that the person is
entitled to receive during that period (in this sub-section referred to
as the 'second payment') - the amount of the first payment shall be
reduced by deducting the amount of the second payment; or

   (b)  in any other case - the amount of the first payment shall be reduced
        to
nil.

"(3) In this section, 'pension period' in relation to a person, means a period
of 2 weeks commencing on the day immediately following a day on which the
person receives a payment of a service pension. Payments received under New
Enterprise Incentive Scheme - effect where spouse of recipient is in receipt
of a pension by reason of being the spouse of the recipient

"97A. (1) This section applies to a man and the wife of the man, in relation
to a period that is a pension period in relation to the man, if -

   (a)  the man is entitled to receive, during that pension period -

        (i)    a payment of a service pension; and

        (ii)   a payment under the scheme known as the New Enterprise
Incentive Scheme; and

   (b)  the wife is entitled to receive, during that pension period, a payment
        of
a service pension under section 85 by reason of being the wife of the
man.

"(2) This section applies to a woman and to the husband of the woman, in
relation to a period that is a pension period in relation to the woman, if -

   (a)  the woman is entitled to receive, during that pension period -

        (i)    a payment of a service pension; and

        (ii)   a payment under the scheme known as the New Enterprise
Incentive Scheme; and

   (b)  the husband is entitled to receive, during that pension period, a
payment of a service pension under section 85AA.

"(3) Where, by virtue of sub-section (1), this section applies to a man in
respect of a period that is a pension period in relation to the man, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in sub-paragraph (1) (a) (i) that
the man is entitled to receive during that period (in this sub-section
referred to as the 'first payment') is higher than the amount that is
one-half of the amount of the payment referred to in sub-paragraph

(1) (a) (ii) that the man is entitled to receive during the period (in
this sub-section referred to as the 'second payment') - the amount of the
first payment shall be reduced by deducting the amount that is one-half
of the amount of the second payment; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(4) Where, by virtue of sub-section (1), this section applies to a wife of a
man in respect of a period that is a pension period in relation to the man,
then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in paragraph (1) (b) that the wife
is entitled to receive during that period (in this sub-section referred
to as the 'first payment') is higher than the amount that is one-half of
the amount of the payment referred to in sub-paragraph (1) (a) (ii) that
the man is entitled to receive during that period (in this sub-section
referred to as the 'second payment') - the amount of the first payment
shall be reduced by deducting the amount that is one-half of the
amount of the second payment; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(5) Where, by virtue of sub-section (2), this section applies to a woman in
respect of a period that is a pension period in relation to the woman, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in sub-paragraph (2) (a) (i) that
the woman is entitled to receive during that period (in this sub-section
referred to as the 'first payment') is higher than the amount that is
one-half of the amount of the payment referred to in sub-paragraph

(2) (a) (ii) that the woman is entitled to receive during that period (in
this sub-section referred to as the 'second payment') - the amount of
the first payment shall be reduced by deducting the amount that is
one-half of the amount of the second payment; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(6) Where, by virtue of sub-section (2), this section applies to a husband of
a woman in respect of a period that is a pension period in relation to the
woman, then -

   (a)  in a case where the amount that, but for this sub-section, would be
        the
amount of the payment referred to in paragraph (2) (b) that the
husband is entitled to receive during that period (in this sub-section
referred to as the 'first payment') is higher than the amount that is
one-half of the amount of the payment referred to in sub-paragraph

(2) (a) (ii) that the woman is entitled to receive during that period (in
this sub-section referred to as the 'second payment') - the amount of
the first payment shall be reduced by deducting the amount that is
one-half of the amount of the second payment; or

   (b)  in any other case - the first payment shall be reduced to nil.

"(7) In this section 'pension period' has the same meaning as in section 97.".